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Full text of "North Carolina Register v.5 no. 22 (2/15/1991)"

' I I ^ ) / ' ■ \ -^- / / V \cj 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




PROPOSED RULES 

Agriculture 

Environment, Health, and Natural Resources 

Labor 



FINAL RULES 



List of Rules Codified 



ARRC OBJECTIONS 



RECEIVED 
FEB 21 193, 



RULES INVALIDATED BY JUDICIAL DECISION 



ISSUE DATE: FEBRUARY 15, 1991 



Volume 5 • Issue 22 • Pages 1303-1322 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
]egislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and fi\e dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 27447, Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporan,' rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary ruk 
must begin normal rule-making procedures on the pei 
manent rule at the same time the temporary rule i 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i< 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35% is changed annually. Compilation and publica 
tlon of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eacl 
state agency is assigned a separate title which is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimun 
cost of two dollars and 50 cents ($2.50) for 1( 
pages or less, plus fifteen cents ($0.15) per eacl 
additional page. 

(2) The full publication consists of 53 volume 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages, 
one year subscription to the full publication ir 
eluding supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). Ir 
dividual volumes may also be purchased wit 
supplement service. Renewal subscriptions fo 
supplements to the initial publication availabL 

Requests for pages of rules or volumes of the NCA( 
should be directed to the Office of Administrativ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pre 
cedures to be followed. For specific statutory languag( 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issu( 
page number and date. 1:1 NCR 101-201, April 1, 198 

refers to Volume 1, Issue 1, pages 101 through 201 c 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by the 
Office of Administrati\'e Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and fi\e dollars ($105.00) per year 

North Carolina Administrative Code. Published in 
looseleaf notebooks with supplement senice by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Satutes. Subscriptions 
seven hundred and fifty dollars ($750.00). Individual 
volumes a\ailable. 



NORTH 
CAROLINA 
REGISTER 




OJJice of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733 - 2678 



ISSUE CONTENTS 



Julian Mann III, 

Director 
James R. Scarcclla Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



I. PROPOSED RULES 
Agriculture 

N. C. Plant Conservation 

Board 1303 

Environment, Health, and 
Natural Resources 
Wildlife Resources 

Commission 1305 

Labor 
Migrant Housing 1303 

n. FINAL RULES 

List of Rules Codified 1308 

III. ARRC OBJECTIONS 1314 

IV. RULES INVALIDATED BY 

JUDICIAL DECISION 1317 

V. CUMULATLVE CsDEX 1319 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Dav 


Last Day 


Earliest 


♦ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


*+++*+♦♦ 


+*+++++♦ 


+++♦♦♦++ 


*+♦♦+++♦ 


*♦♦♦+♦++ 


04/02/90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


04/16/90 


03^23/90 


03/30 90 


05/16/90 


08/01/90 


05 01/90 


04/09/90 


04 17, 90 


05/31/90 


09/01 90 


05 '15/90 


04'24'90 


05/01/90 


06/14 90 


09 '01 90 


06/01/90 


05 10 90 


05/17/90 


07/01,90 


1001/90 


06/15/90 


05 24'90 


06/01/90 


07/15/90 


10/01/90 


07/02/90 


06' 11/90 


06' 18/90 


08 '01/90 


11/01 90 


07/16'90 


06 22 '90 


06/29, 90 


08/15/90 


11/01/90 


08/01/90 


07/11 90 


07/18/90 


08/31 90 


12/01 '90 


08/15,90 


07/25'90 


08,01/90 


09/14/90 


12/01/90 


09/04/90 


08/13,90 


08;20;90 


10/04/90 


01/01/91 


09' 14/90 


08 24 90 


08/31/90 


10 '14/90 


01/01/91 


10 01/90 


09, 10 90 


09/17/90 


10/31/90 


02/01/91 


10 '15/90 


09/25/90 


10 02 90 


11/14/90 


02/01 91 


11 01/90 


10/11/90 


10,18,90 


11/30,90 


03/01/91 


11/15/90 


10,' 24, 90 


10/31/90 


12'14/90 


03/01/91 


12/03/90 


11/08 '90 


11/15/90 


01 02/91 


04/01/91 


12/14/90 


11 21,90 


11/30/90 


01/13/91 


04/01/91 


01 '02/91 


12/07/90 


12/14/90 


02/01/91 


05/01/91 


01/15/91 


12'20/90 


12, 31,, 90 


02/14 91 


05/01/91 


02 '01/91 


01 10 91 


01/17/91 


03/03/91 


06'01'91 


02/ 15 '91 


01 25/91 


02,01/91 


03/17/91 


06/01/91 


03 '01/91 


02 08 '91 


02/15/91 


03/31/91 


07,'01/91 


03'15'91 


02 22 91 


03 01, 91 


04'14'91 


07/01/91 


04 '01/91 


03 11 91 


03 18/91 


05/0L91 


08,01/91 


04'15'91 


03 22 91 


04/01/91 


05/15,91 


08/01 91 


05,01/91 


04 10 91 


04/17/91 


05/31/91 


09,/01/91 


05/15/91 


04 24'91 


05/01/91 


06' 14/91 


09/01/91 


06/03/91 


05,10 91 


05/17/91 


07/03/91 


10/01/91 


06/ 14/9 1 


05/23 91 


05/31/91 


07/1491 


10/01/91 


07 01/91 


06 10 91 


06' 17, 91 


07/31,91 


11/01,91 


07/15/91 


06 2191 


06,28 91 


08/14/91 


11/01/91 


08 '01/91 


07'11 91 


07/18/91 


08/31/91 


12/01/91 


08/15/91 


07,' 25 '91 


08/01/91 


09/14/91 


12/01/91 


09/03/91 


08/12 91 


08 19/91 


10,03,91 


01/01/92 


09 16'91 


08,23 91 


OS 30/91 


10/16 91 


01 01/92 


10/01 '91 


09,10 91 


09,17,91 


10/31 91 


02,01 92 


10/15/91 


09'24 91 


10,01/91 


1114 91 


02 01 92 


11/01/91 


10 11 91 


10,18/91 


12 01 '91 


03/01,92 


11/15/91 


10 24'91 


10/31,91 


12' 15/91 


03 01/92 


12 '02 '91 


11 07 91 


11 1491 


01 01 '92 


04 01/92 


12/16/91 


11,21/91 


12/02/91 


01,15,92 


04 01/92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrati\-e Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Plant Conservation Board 
intends to amend rule(s) cited as 2 NCAC 48 F 
.0304 and adopt rule(s) cited as 2 NCAC 48F 
.0306. 

1 he proposed effective date of this action is June 
J, 1991. 

1 he public hearing will be conducted at 1 :00 
p.m. on March 19, 1991 at the Board Room. Ag- 
riculture Bldg., I W. Edenton St., Raleigh, N.C. 

C' omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to Cecil Frost, Secretary of the 
North Carolina Plant Consen-ation Board, P.O. 
Box 27647, Raleigh, NC 27611. 

CHAPTER 48 - PLANT INDUSTRY 

SLBCHAPTER 48F - PLANT CONSERVATION 

SECTION .0300 - ENDANGERED PLANT 

SPECIES LIST: THREATENED PLANT SPECIES 

LIST: LIST OF SPECIES OF SPECIAL 

CONCERN 

.0304 PLANT SPECIES OF SPECIAL 
CONCERN 

(c) Special Concern Not Endangered or 
Threatened Plant Species are those species that 
appear on the Special Concern Species List but 
do not appear on the Endangered Species List 
or the Threatened Species List and which it shall 
be unlawful to distribute, seU or offer for sale 
except as otherwise provided in the rules. 

( 1) Dionaea muscipula ^i EUis 
Venus Fhtrap; 

(2) f4^ Pana.x quinqucfolius — L. 
Ginseng. 



(3) Person. Individual, corporation, partner- 
ship, firm, or association. 

(b) Policy: While exported and known world- 
wide, Venus Fl>'trap is found only within a 75 
mile radius of Wilmington, North Carolina and 
in Horrie County, South Carolina. It's decline 
in the wild has been well documented: it has 
now been extirpated from two counties in South 
Carolina and seven counties in North Carolina. 
Venus Flytrap is protected from iUegal collection 
in North Carolina to protect the rights of private 
and pubhc landowners from unauthorized re- 
moval of fl>'traps, to support the flytrap trade 
within the state and to protect the species from 
over-collection and extinction. 

(c) Collection of flylraps: 

(1) Venus Flytraps may not be uprooted, dug, 
taken or otherwise disturbed or removed 
for any purpose from the lands of another 
without a written permit from the owner 
which is dated and valid for no more than 
180 days except that the incidental dis- 
turbance of flytraps during agricultural, 
forestry or development operations is not 
iUegal so long as the plants are not col- 
lected for sale or barter. 

(2) Venus Flytraps may not be uprooted, dug, 
taken or otherwise disturbed or removed 
for any purpose from public lands in 
North Carolina without a written permit 
from the agency which is responsible for 
administration for such public lands. 

(3) The Replanting of Fl>'traps. All persons 
collecting flytraps from the wild are en- 
couraged to plant the seeds of collected 
plants, if any, in the immediate vicinity of 
where they are found. 

(d) Sale of fljlraps: No person may sell or of- 
fer for sale Venus Flytraps unless they have been 
lawfully collected, propagated from lawfully ob- 
tained stock plants or seed, or collected from 
one's own land. 

Statutory Authority G.S. 106-202.15. 

TITLE 13 - DEPARTMENT OF LABOR 



Statutory Authority G.S. 106-202.15. 

.0306 COLLECTION AND SALE OF VENLS 
FLYTRAP 

(a) Definitions: 

(1) Department. The North Carolina De- 
partment of Agriculture. 

(2) Flytrap, Venus Flytrap. Any plant of the 
species Dionaea muscipula including cut- 
tings, roots, fruits, seeds, propagules or 
any other plant part. 



ly otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Labor intends to 
adopt rules cited as 13 NCAC 16 .010/ - .0/02. 
.020! - .0208, .030/ - .0303. 

I he proposed effective date of this action is June 
/, /99/. 

1 he public hearing will be conducted at 2:00 
p.m. on March 18, 1991 at the Third Floor Board 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



1303 



PROPOSED RULES 



Room, Education Building, 1 16 West Edenton 
Street, Raleigh, MC 27601. 

(^ omment Procedures: People wanting to pres- 
ent oral testimony at the hearing or who want to 
have written testimony read at the hearing should 
provide a written summary of the proposed testi- 
mony to the Department by March 13, 1991 . Oral 
presentations will be limited to 15 minutes each. 
Written statements not presented at the hearing 
will be accepted by the Department until March 
18, 1991. All correspondence should be directed 
to Bobby Bryan, N.C. Department of Labor, 4 
West Edenton Street, Raleigh, \C 27601. Inter- 
preters for hearing impaired will be made avail- 
able if requested, 24 hours in advance. 

CHAPTER 16 - MIGRANT HOUSING 
SECTION .0100 - GENERAL 

.0101 APPLICABILITY 

This particular chapter applies to the inspection 
and occupancy of all migrant housing within the 
scope of .Article 19 of Chapter 95 of the General 
Statutes. 

Statutory .-iuthority G.S. 95-224. 

.0102 FORMS 

The Department of I^bor wiD issue the foUow- 
ing migrant housing operator-related forms in 
connection with the preoccupancy inspection 
process: 

(1) A "postal card" requesting a preoccupancy 
inspection, to be completed by the migrant 
housing operator to notify the Department 
of the intent to house migrant workers. 

(2) A card from the Department of Labor in- 
dicating receipt of the "postal card" re- 
questing a preoccupancy inspection. 

(3) Ihe ".Migrant Housing Preoccupancy In- 
spection Sheet", to be completed by an in- 
spector and given to the migrant camp 
operator. This sheet indicates the cor- 
rections and modifications that need to be 
made, if any, to the housing in order for it 
to be in compliance with the Migrant 
Housing Act. 

(4) A "Migrant Housing Preoccupancy Abate- 
ment Notice" to be completed, signed and 
dated by the migrant housing operator, in- 
dicating that the items listed on the Migrant 
Housing Preoccupancy Inspection Sheet 
ha\e been corrected. This form wiU list each 
item and the action taken to make the cor- 
rection. 



(5) A "Housing Occupancy Certificate," which 
is to be issued to the migrant housing oper- 
ator when the housing is in full compliance. 

Statutory Authority G.S. 95-227; I50B-IL 

SECTION .0200 - INSPECTIONS 

.0201 CONDUCT OF PREOCCUPANCY 
INSPECTIONS 

(a) Upon the filing of an application for a pre- 
occupancy inspection by an operator, an in- 
spection shall be scheduled by the Department 
of Labor. Upon arriving at the migrant housing 
site. Department of Labor inspectors shall pres- 
ent their credentials to the operator or agent in 
charge of the housing, explain the nature and 
purpose of the inspection, and indicate generally 
the scope of the inspection. 

(b) Inspectors shall have authority to take 
photographs related to the purpose of the in- 
spection and employ other reasonable investi- 
gative techniques. 

(c) At the conclusion of an inspection, the in- 
spector shall confer with the migrant housing 
operator or his representative, and complete and 
leave with the migrant housing operator or his 
representative the "Migrant Housing Preoccu- 
pancy Inspection Sheet" in order to advise him 
of any apparent safety or health violations dis- 
closed by the inspection. During such confer- 
ence, the migrant housing operator shall be 
afforded an opportunity to bring to the attention 
of the inspector any pertinent information re- 
garding conditions in the housing. 

(d) A "Housing Occupancy Certificate" may, 
on occasion, be issued by the inspector on-site 
for housing which is in compliance and where 
water and sewage systems have been approved 
by the local health department. 

Statutory Authority G.S. 95-226. 

.0202 ABATEMENT NOTICES 

WTiere apparent safety and health violations are 
noted during a preoccupancy inspection, a comi- 
pleted ".Migrant Housing Preoccupancy Abate- 
ment Notice," signed and dated by the migrant 
housing operator, indicating that all needed cor- 
rections have been made, shall be submitted to 
the Department of I,abor before a certificate shall 
be issued. 

Statutory Authority G.S. 95-226. 

.0203 CERTIFICATION DENIED 

Following a preoccupancy inspection, a migrant 
housing operator shall not allow migrant housing 
to be occupied until any apparent safety and 



1504 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



PROPOSED RULES 



health violations are corrected and a certificate 
issued. 

Statutory Authority G.S. 95-226. 

.0204 CONTESTMENT OF DENIAL 

Any operator wishing to cbntest the Depart- 
ment's failure to issue a certificate may do so by 
fding a petition for a hearing in accordance with 
G.S. 150B. 

Statutory Authority G.S. 95-226; I50B-23. 

.0205 ISSLANCE OF CERTIFICATES 

A "housing certificate" shall be issued by the 
Department of Labor to the migrant housing 
operator when the migrant housing has been ap- 
proved and shall contain information indicating: 

(1) the name of the operator responsible for 
the housing; 

(2) the address of the housing; 

(3) the number of occupants allowed to in- 
habit the housing; 

(4) the expected dates of occupancy; 

(5) a description and number of the housing 
units; 

(6) the date certificate is issued; 

(7) the date of inspection; 

(8) any special housing conditions which may 
exist; 

(9) the expiration date of the certificate, which 
shall be December 3 1 of the year of the in- 
spection; 

(10) the relevant address of the Department of 
I^bor; and 

(11) the signature of the appropriate official. 

Statutory Authority G.S. 95-226. 

.0206 POSTING REQUIREMENTS 

When the housing has been certified to be in 
compliance with Article 19 of Chapter 95 of the 
General Statutes, each migrant housing operator 
shall notify all migrants by posting the "Housing 
Certificate(s)" in a place accessible to the 
migrants. 

Statutory Authority G.S. 95-/36; 95-226; 95-227. 

.0207 REPEAT PREOCCLPANCY VISITS 

A repeat visit may be conducted following the 
preoccupancy inspection to determine it defi- 
ciencies listed on the "Migrant Housing Preoc- 
cupancy Abatement Sheet" have been corrected. 
If the housing is occupied when this inspection 
is made, North Carolina Occupational Safety and 
Health enforcement procedures shall be followed. 



Statutory Authority G.S. 95-226; 95-227. 

.0208 ENFORCEIVIENT VISITS 

Enforcement visits shall be conducted in ac- 
cordance with North Carolina Occupational 
Safety and Health rules as found in 13 NCAC 
Chapter 7. 

Statutory Authority G.S. 95-227. 

SECTION .0300 - PROVISIONAL OCCUPANCY 

.0301 PROVISIONAL OCCUPANCY 

A migrant housing operator may allow migrant 
housing to be occupied on a provisional basis if 
the operator apphed for a preoccupancy in- 
spection at least 45 days prior to occupancy, the 
preoccupancy inspection was not conducted by 
the Department of Labor of North Carolina at 
least four days prior to the date specified on the 
"registration card" as the "arrival date", and the 
migrant housing operator possesses the card from 
the North CaroUna Department of Labor verify- 
ing that the "registration card" has been received. 

Statutory Authority G.S. 95-226. 

.0302 PROVISIONAL OCCUPANCY DENIED 

Provisional occupancy is not permitted if the 
water and sewage system for the housing has not 
been approved by the local health department. 
Any inspection of occupied housing in which 
water and sewage systems have not been ap- 
proved will constitute an Occupational Safety 
and Health enforcement inspection with the is- 
suance of appropriate citations and penalties. 

Statutory Authority G.S. 95-226; 95-227. 

.0303 INSPECTION OF PROVISIONALLY 
OCCUPIED HOUSING 

When an inspector makes a preoccupancy in- 
spection on housing occupied on a provisional 
basis, the inspector shall issue an on-site written 
notice to the migrant housing operator to correct 
any deficiencies within two days or the provi- 
sional occupancy will be revoked. Should the 
deficiencies not be corrected within two days, 
then appropriate Occupational Safety and Health 
penalties and citations wiU be assessed. 

Statutory .Authority G.S. 95-226. 

TITLE 15A - DEPART.MENT OF 

EMIRON.MENT, HEALTH, AND 

NATURAL RESOURCES 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



1305 



PROPOSED RULES 



iS otice is hereby given in accordance with G.S. 
I SOB- 1 2 thai the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as ISA NCAC I OB .0115. 

1 he proposed effective date of this action is June 
1, 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on March 19, 1991 at the Kernersville Public 
Library Auditorium, Kernersville, N.C. 



Co 



- omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
March 4, 1991 to April 3. 1991. Such written 
comments must be delivered or mailed to the N.C. 
Wildlife Resources Commission, SI 2 N . Salisbury 
Street, Raleigh, SC 27604-1 ISS. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOB - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0115 SHINING LIGHTS IN DEER AREAS 

(c) No person shall, between the hours of 
one-half hour after sunset and one-half hour be- 
fore sunrise, intentionally shine a light upon a 
deer or intentionally sweep a light in search of 
deer in the indicated portions of the following 
counties; 



.Alamance -- entire county; 
Alexander -- entire county; 
Alleghany -- entire county; 
Anson -- entire county; 
Ashe -- entire county; 

Aver\' -- that portion south and east of 
Highway 221; 
Burke -- entire county; 
Cabarrus -- entire county; 
Caldwell -- entire county; 

Caswell -- entire county; 

Catawba -- entire county; 

Chatham -- entire county; 

Clay — entire county; 

Cleveland -- entire county; 

Cumberland -- entire county; 

Davidson — entire county; 

Davie -- entire county; 

Durham -- entire county; 

Edgecombe -- entire county; 

Fors\th Countv -_^ entire county; 
(21) (-3% Gaston -- entire county; 



1) 
2) 
3) 
4) 
5) 
6) 

7) 

8) 

9) 

(10) 

(11) 
(12) 
(13) 
(14) 

{\^) 
(16) 

(17) 

(18) 

(19) 

20) 



(22) 
(231 
(241 
(251 
(261 



(271 
128) 
(29 



Qli 
(321 
133) 

IHl 
135] 

tM 
(37) 
(38) 
[391 
(40) 
till 
(421 



(431 
1441 
145| 
1461 
(471 
(481 
(491 
(501 



(-344 Guilford -- entire county; 

(32^ Halifax -- entire county; 

(^34 Harnett -- entire county; 

(34^ Henderson -- entire county; 

f5^ Hyde — that part bounded on the 

north by a line running parallel with and 

1000 yards in a northward direction from 

that part of SR 1304 that leads from 

Hodges' Fork to Rose Bay, on the east 

by the Mattamuskeet National Wildlife 

Refuge boundary, on the southeast by US 

264, and on the west and southwest by a 

line running parallel with and 1000 yards 

in a west or southwest direction from the 

centerline of SR 1304; 

f3^ Iredell — entire county; 

ir¥f^ Johnston -- entire county; 

f5% Lee -- entire county; 

f3^ Lincoln -- entire county; 

(-^©4 McDowell -- entire county; 

f444 Mecklenburg -- entire county; 

(tW)' Mitchell -- entire county; 

(4^ Northampton -- entire county; 

(44-^ Person -- entire county; 

(4^ Polk -- entire county; 

f44> Randolph -- entire county; 

(45^ Robeson County — entire county; 

(4^ Rockingham -- entire county; 

(40^ Rowan -- entire county; 

f+&^ Rutherford -- entire county; 

f+44 Scotland -- that part lying west of 

US 401 north of Laurinburg and north of 

US 74 west of Laurinburg; 

(454 Stanly -- entire county; 

f44f Stokes -- entire county; 

ItAM Surry -- entire county; 

f44> Transylvania -- entire county; 

f44i L'nion -- entire county; 

f44^ Watauga -- entire county; 

(4^ Wilkes -- entire county; 

f4% Yadkin -- entire county; 

f44^ ^'ancey — entire county. 



Statutory A uthority 
S.L. I98I, Ch. 4/0; 
1982), Ch. 1 180. 



G.S. 113-134; 113-291.1; 
S.L. 1981 (Second Session 



•k-k'k'k'k-k-k-k'k'k'k-k'k-k-k-k-^-k 



ly Otice is hereby given in accordance with G.S. 
1 SOB- 12 that the North Carolina Wildlife Re- 
sources Commission intends to adopt rule(s) cited 
as ISA NCAC I OK .0001 - .0002. 

J. he proposed effective date of this action is July 
1, 1991. 



1306 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



PROPOSED RULES 



1 he public hearing will be conducted at 10:00 
a.m. on March 18, 1991 at Room 386, Archdale 
Building, 512 N. Salisbury Street, Raleigh, NC 
27604-1188. 

(^ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
March I, 1991 to April 2, 1991. Such written 
comments must be delivered or mailed to the N.C. 
Wildlife Resources Commission, 512 N. Salisbury 
Street, Raleigh, NC 27604-1 188. 

SUBCHAPTER lOK - HUNTER SAFETY 
COURSE 

.0001 COURSE REQUIREMENTS 

(a) The hunter safety course shall provide a 
minimum of ten hours of classroom instruction. 

(b) Of the ten hours of instruction required by 
Paragraph (a) of this Rule, 60 percent of the time 
shall be devoted to instruction related to the safe 
handling of frrearms. The remaining four hours 
shall include instruction on hunter responsibility 
(ethics), wildlife conservation and wOdlife man- 
agement, wildlife identification, game care, spe- 
cialty hunting, survival and first aid, water safety, 
and special concerns (alcohol and drugs, turkey 
hunting, trapping, all terrain vehicles, hunting 
dogs). 

(c) The hunter safety course shall be taught by 
an instructor certified by the North Carolina 
WUdlife Resources Commission. 

(d) ITie foUowLng requirements must be satis- 
fied by the course participant in order to suc- 
cessfully complete a hunter safety course and be 
entitled to the issuance of a Certificate of Com- 
petency: 

(1) attain the age of 12; 



(2) attend all ten hours of the instruction; 

(3) score a minimum of 70 percent on the 
fmal written examination; and 

(4) demonstrate to the satisfaction of the in- 
structor that the participant has achieved 
an appropriate level of competency and 
safety in the handling of firearms. 

Statutory Authority G.S. 113-134; 1 13-270. 1 A. 

.0002 ISSUANCE OF CERTIFICATE OF 
COMPETENCY 

(a) Upon the conclusion of a hunter safety 
course, the instructor shall complete a card for 
each participant who successfully completed the 
course in accordance with 15A NCAC lOK .0001 
and forward the card to the North Carolina 
Wildlife Resources Commission for processing. 

(b) Within a reasonable time after receiving the 
completed card referred to in Paragraph (a) of 
this Rule, the Commission shall issue a Certif- 
icate of Competency to the participant success- 
fuUy completing the course. This certificate shall 
include: 

(1) A certification number; 

(2) The participant's name, address and date 
of birth; 

(3) The hunter safety course instructor's 
name; and 

(4) Course completion date. 

(c) The Commission shall maintain permanent 
files of all successful participants in hunter safety 
courses who were issued a certificate of compe- 
tency. Duplicate certificates may be obtained 
from the Commission upon payment of two 
dollars ($2.00) per copy to cover the cost of du- 
plication. 



Statutory 
113-270. lA. 



Authority G.S. 12-3.1; 113-134; 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



1307 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated. 

ixules filed for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please 
contact this office if you have any questions. 

/± dopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions of G.S. J 508, Article 2 requiring 
publication in the N.C. Register of proposed rules. 

LJ pon request from the adopting agency, the text of rules will be published in this section. 

1 unctuation, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the rule. 



NORTH CAROLINA AD.MINISTRATI\ E CODE 

LIST OF RULES CODIFIED 

FEBRUARY 1991 

AGENCY ACTION TAKEN 

DKPAR1MENT OF AOMIMSTRA I ION 

1 NCAC 6 .0106 Amended 
DEPARTMENT OF AGRICM.Tl RR 

2 NCAC 34 .0305 ♦ Correction 

DEPARTMENT OF ECONOMIC AND COMMIMTY DEVELOPMENT 

4 NCAC 7 .0504 Repealed 

.0506 - .0509 Repealed 

.0510 ■ Amended 

.0511 - .0516 Repealed 

18 .0309 * Correction 

OFFICES OF THE GOVERNOR/I lEt TENANT GOVERNOR 

9 NCAC 2B Fxecutive Order Number 129 

Eff. December 14, 1990 
Executive Order Number 130 
Eff. January 9, 1991 

DE PARTMENT OF HIM AN RESOLRCES 

10 NCAC 3V .0303 ** Adopted 

** Amended 
Repealed 

** Amended 



1308 5:22 NORTH CAROLL^A REGISTER February 15, 1991 



3V 


.0303 


14K 


.0103 




.0311 




.0327 



FINAL RULES 



.0330 - .0332 Repealed 

14M .0101 Amended 

.0401 Amended 

14N .0701 ♦♦Amended 

.0702 Repealed 

.0703 Amended 

.0901 - .0903 Adopted 

.0904 ♦♦ Adopted 

.0905 Adopted 

14P .0101 - .0102 ♦+ Adopted 

14Q .0101 - .0104 ♦♦Adopted 

.0201 - .0204 ♦♦ Adopted 

.0301 - .0306 ♦♦ Adopted 

14R .0101 - .0107 ♦♦ Adopted 

.0201 ♦♦ Adopted 

.0301 - .0303 Adopted 

14S .0101 - .0106 ♦♦ Adopted 

18D .0117 ♦♦ Amended 

.01 18 -.01 19 Amended 

.0121 Amended 

.0208 Amended 

.02 16 -.02 17 Adopted 

18L .0433 Adopted 

.0434 ♦♦ Adopted 

18M .0801 - .0802 Amended 

.0817 Adopted 

.0822 Repealed 

.0825 - .0838 Adopted 

18Q .0713 Amended 

.0812 Amended 

26B .0111 ♦♦Amended 

26H .0202 ♦♦ Amended 

48 Transferred and Recodified 

to 15A NCAC 14 



DEPARTMENT OF INSl R.WCE 



.0501 




.0505 




.0507 - 


.0508 


.0509 - 


.0510 


.0601 




.0602 




.0605 




.0701 




.0706 




.0701 




.0801 




.0901 




.1001 




.1106 




.1601 - 


.1604 


.0834 




.0902 - 


.0903 


.0905 - 


.0906 


.0907 - 


.0908 


.0909 - 


.0910 


.0911 - 


.0912 



Eff. December 20, 1990 



11 NCAC 8 .0501 Repealed 

Amended 
Amended 
Repealed 
Repealed 
♦♦ Amended 
Amended 
Repealed 
Amended 
10 .0701 Amended 

Amended 
Amended 
Amended 
Amended 
Adopted 
12 .0834 Adopted 

♦♦ Adopted 
♦♦ Adopted 
Adopted 
♦♦ Adopted 
Adopted 



5:22 NORTH CAROLINA REGISTER February 15, 1991 1309 



FINAL RULES 





.0913- 


.0914 




.0915 






.0916- 


.0917 




.1016 




14 


.0308 




DEPARTMENT OF JLSTICE 


.0104 




12 NCAC 9B 






.0205 






.0212- 


.0214 




.0226 - 


.0227 




.0310 




9C 


.0308 
.0601 




lOB 


.0502 




DEPARTMENT OF LABOR 







♦♦ Adopted 
Adopted 
** Adopted 
** Adopted 
Temp. Adopted 
Expires 06-15-91 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 



13 



NCAC 



7C .0101 - .0102 



Amended 



DEPARTMENT OF CRIME CONTROL AND PLBLIC SAFETY 



14A NCAC 



9H .0402 
.0704 



Amended 
Amended 



DEPARTMENT OF ENVIRONMENT, HEALTH, .\ND N.\TLRAL RESOURCES 



15A NCAC 



2K .0104 

.0222 - .0223 
2N .0203 

31 .0007 
3J .0104 
3J .0301 
3K .0100 

.0501 
3L .0202 
30 .0101 

.0203 
3Q .0202 
3R .0003 

.0007 

.0010 

4A .0005 

4B .0027 - .0028 

53 .0012 

13A .0009 

.0010 

.0012 
138 .0101 - .0103 

.0201 - .0202 

.0203 

.0301 

.0401 

.0503 

.0504 

.0506 



* Correction 

* Correction 
Temp. ^Amended 
Expires 07-06-91 

* Correction 
** Adopted 

* Correction 

* Correction 

* Correction 
Adopted 

* Correction 

* Correction 
** Adopted 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 
** Amended 
Amended 
Amended 

*♦ Amended 
** Amended 
Amended 
Amended 
Amended 
** Amended 
Amended 
Amended 



BIO 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



FINAL RULES 





.0508 






.0901 - 


.0905 


16A 


.0801 - 


.0810 


17 


soc 




18A 


.1935 
.1954 




19A 


.0201 




20A 


.0006 




21B 


.0301 - 


.0306 


24A 


.0202 
.0303 




24B 


.0001 
.0004 




DEPARTMENT OF REVENLE 




17 NCAC 6B 


.0106- 


.0107 




.0111 - 


.0112 




.0117 






.0610 - 


.0611 




.3203 






.3402 - 


.3403 




.3513 






.3804 






.3904 






.4006 






.4008 






.4103 






.4105 




6C 


.0202 - 


.0204 


8 


.0403 - 
.0504 


.0404 




.0604 - 


.0605 


SECRETARY OF STATE 


.0101 - 




18 NCAC 4 


.0102 




.0205 - 


.0206 




.0301 






.0302 - 


.0303 




.0305 - 


.0308 




.0310 






.0311 - 

.0315 

.0316 

.0401 

.0402 

.0501 

.0502 


.0314 




.0503 - 


.0504 


6 


.1202 
.1210 




DEPARTMENT OF TRANSPORTATION 


19A NCAC 3J 


.0102 
.0201 





Amended 
** Adopted 
Temp. Adopted 
Expires 07-06-91 

* Correction 

* Correction 

* Correction 
Temp. Amended 
Expires 07-06-91 
Amended 

** Amended 
Amended 
** Amended 

* Correction 

* Correction 



Amended 

Amended 

Amended 

Adopted 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

* Correction 

* Correction 
Amended 
Amended 
Amended 
Amended 



Amended 

Amended 

Repealed 

Amended 

Amended 

Repealed 

Amended 

Repealed 

♦* Adopted 

** Amended 

Amended 

Amended 

** Amended 

Amended 

Amended 

Adopted 



Amended 
Amended 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



1311 



FINAL RULES 



.0204 
.0303 
.0308 
.0601 
.0701 

BOARD OF MEDICAL EXAMINERS 



Amended 
Amended 
Amended 
Amended 
Amended 



21 



NCAC 



32L .0001 



.0005 



.0009 



32M .0006 - .0007 



Temp. Amended 
Expires 05-01-91 
Temp. Amended 
Expires 05-01-91 
Temp. Amended 
Expires 05-01-91 
** Adopted 



BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS 



21 



NCAC 



37 



BOARD OF PHARMACY 



.0208 

.0211 

.0301 

.0302 

.0303 

.0304 

.0402 

.0404 - .0405 

.0502 

.0505 

.0507 

.0508 - .0509 

.0512 

.0513 

.0517 

.0518 

.0519 

.0904 

.0906 

.0912 

.1004 



** Amended 
** Amended 
Amended 
** Amended 
Amended 
** Amended 
Amended 
Amended 
** Amended 
Amended 
Amended 
** Amended 
Amended 
Repealed 
Amended 
Repealed 
** Amended 
** Amended 
** Amended 
** Amended 
Repealed 



21 NCAC 46 .1912 -.1913 Adopted 

BOARD OF EXAMINERS OF PLUMBING AND HEATING CONTRACTORS 



21 NCAC 50 .0408 




.1201 




.1202- 


.1203 


.1204- 


.1206 


.1207 




.1301 - 


.1305 


REAL ESTATE COMMISSION 




21 NCAC 58A .0301 




.0503 




.0505 




58C .0302 





Amended 
Adopted 
* * Adopted 
Adopted 
+ * Adopted 
Adopted 



Amended 
Amended 
Amended 
Amended 



1512 



5:22 NORTH CAROLINA REGISTER February 15, 1991 





FINAL RULES 






.0308 


Amended 


58D 


.0302 


Amended 




.0402 


Amended 




.0406 


Amended 




.0408 - .0409 


Amended 



5:22 NORTH CAROLINA REGISTER February 15, 1991 I3I3 



ARRC OBJECTIONS 



Tk 



he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. 143B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
l43B-30.2(d). 



ECONOMIC AND COMMLAITY DE\ ELOPMENT 

Hazardous Waste Management Commission 

4 SCAC 18 .0309 - Final Site 

ENA IRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 

15A .\CA C I6A .0804 - Financial Eligibility 

ISA .\CAC I6A .0806 - Billing the HIV Health Services Program 

Coastal Management 

J5A .\CAC 7 J .0409 - Ci\il Penalties 
ISA SCAC '7 J .1109 - Permit Fee 

Environmental Health 

15A SC.-IC 18C .0102 - Definitions 

ISA SCA C 18C . IS 32 - Variances and Exemptions 

ISA \C.4C 18C .1S34 - Max Contaminant Levels for Coliform Bacteria 

ISA .\CAC ISC .2001 - General Requirements 

ISA .\CAC 18C .2002 - Disinfection 

ISA .\CAC 18C .2003 - Filtration 

1S.4 .\C.4C ISC .2004 - Analytical and .Monitoring Requirements 

IS. 4 .\C.4C ISC .2003 - Criteria for Avoiding Filtration 

Marine Fisheries 

ISA .\CAC3C .0311 - Cancellation 

Agency Re\-ised Rule 
ISA SCAC 30 .0203 - Shellfish Lease Application Processing 

.4gency Rexised Rule 

\\ildLife Resources Commission 

ISA .XCAC lOH .0302 - Minimum Standards 
Agency Revised Rule 



ARRC Objection F18;9J 



ARRC Objection J; 18 91 
ARRC Objection LIS 91 



ARRC Objection L 18.91 
ARRC Objection 1; 18:91 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 10 
Objection 10 
Objection 10 
Objection 10 
Objection 10 
Objection 10 
Objection 10 
Objection 10 



IS 90 
IS 90 
18 90 
18 90 
18 90 
18 90 
IS 90 
18. 90 



ARRC Objection 9 20 90 
Obj. Removed 10 18 90 
ARRC Objection 8 16 90 
Obj. Removed 9,20 90 



ARRC Objection 9 20 90 
Obj. Removed 10 18.90 



1314 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



ARRC OBJECTIONS 



HUMAN RESOURCES 

Facility Services 

W NCAC 3V .0303 - Insurance Required 

Individual and Family Support 

10 NCAC 42B .1201 - Personnel Requirements 

10 NCAC 42C .2001 - Qualifications of Administrator 

10 NCAC 42C .2002 - Qualifications of Supervisor-in-Charge 

10 NCAC 42C .2006 - Qualifications of Activities Coordinator 

10 NCAC42C .3301 - Existing Building 

JO NCAC 42D .1401 - Qualifications of Administrator/ Co-Administrator 

INSURANCE 

Life: Accident and Health Division 

// NC.4C 12 .0904 - Requirements for Utilization Review 
Agency Re\'ised Rule 

LICENSING BOARDS AND COMMISSIONS 

Medical Examiners 

21 NCAC 32M .0007 - Termination ofNP Approval 

Nursing, Board of 

21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License 

No Response from Agency 
21 NCAC 36 .0504 - Certificate of Registration 
21 NCAC 36 .0505 - General and Administrative Provisions 
21 NCAC 36 .0507 - Fees 

Physical Therapy 

21 NCAC 48C .0102 - Responsibilities 

Agency Returned Rule Unchanged 
2! NCAC48C .0501 - Exemption for Students 

Agency Returned Rule U nchanged 

Plumbing and Heating Contractors 

21 NCAC 50 .1203 - Disposition of Petitions 
21 NCAC 50 .1207 - Request to Participate 

SECRETARY OE STATE 



ARRC Objection 11/14/90 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



1/18/91 
1/18/91 
1/18/91 
1/18/91 
11/14/90 
11/14/90 



ARRC Objection 12/20/90 
Obj. Removed 1/18/91 



ARRC Objection 11/14/90 



ARRC Objection 12/20/90 
1/18/91 
ARRC Objection 1/18/91 
ARRC Objection 1/18/91 
ARRC Objection 1/18/91 



ARRC Objection 9/20/90 
No Action 10/18/90 

ARRC Objection 9/20/90 
No Action 10/18/90 



ARRC Objection 11/14/90 
ARRC Objection 11/14/90 



Securities Division 

18 NCAC 6 .1210 - Securities Exchgs/ Autod Quot. Sys. Approved/ Admin 
Agency Responded to Objection 



ARRC Objection 12/20/90 
No Action 1/18/91 



:):J 



77 



NORTH CAROLINA REGISTER Eebruaiy 15, 1 99 1 



1315 



ARRC OBJECTIONS 



STATE PERSOVSFX 



25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 
25 NCAC 

Agency 
25 NCAC 
25 NCAC 
25 NCAC 

Agency 



IB 
IB 
IB 
IB 
IB 
IB 
IB 
IB 
IB 
IB 
IB 
IB 
IB 
IB 



0/07 
0/08 
0/09 
Olio 
Olll 
0/12 
0/13 
0/14 
0/15 
0/16 
.0117 
0118 
01/9 
.0120 



IVididrew 
ID .0509 
IL .0201 ■ 
IL .0202 ■ 
W'it/idrew 



Personnel Commission Meetings 


ARRC Objection 


9/20/90 


Commission Staff 


ARRC Objection 


9/20/90 


Commission Actions 


ARRC Objection 


9/20190 


Motions 


ARRC Objection 


9/20/90 


Voting 


ARRC Objection 


9/20/90 


Abstention 


ARRC Objection 


9/20/90 


Duties of the C/iairman 


ARRC Objection 


9/20/90 


Order of Business 


ARRC Objection 


9/20/90 


Special Meetings 


ARRC Objection 


9/20/90 


Duties of Chairman Between Meetings of the Comm 


ARRC Objection 


9/20/90 


Standing/ Special Committees 


ARRC Objection 


9/20/90 


Minutes 


ARRC Objection 


9/20/90 


Notice of Commission Action 


ARRC Objection 


9/20/90 


Appointment of Vice-Chairman 


ARRC Objection 


9/20/90 


Rules .0107 - .0120 




10/18/90 


- Severance Salary Continuation 


ARRC Objection 


I/I8/9I 


Purpose 


ARRC Objection 


9/20/90 


Policy 


ARRC Objection 


9/20/90 


Rules .0201 - .0202 




10/18/90 



1316 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



RULES INVALID A TED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 i\CAC IB .0202(c) - REQUEST FOR DETERMINA TION 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in New Hanover Memorial Hospital, Inc., Petitioner v. N.C. 
Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent 
(90 DIIR 0792). 

10 NCAC IB .0202(c) - REQUEST FOR DETERMINA TION 

Brenda B. Becton, Administrative I^w Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department 
of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 

0770). 

10 NCAC 3R .0317(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership. Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 

10 NCAC 3R .0317(g) - WITHDRA WAL OF CERTIFICA TE 

Michael Rivers Morgan, Administrative Law Judge with the Office of Administrative Hearings, de- 
clared Rule 10 NCAC 3R .0317(g) void as applied in Autumn Corporation, Petitioner v. N.C. Depart- 
ment of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 
DHR 0321 and 90 DHR 0318). 

10 NCAC 261 .0101 - PURPOSE: SCOPE/NOTICE OF CHANGE IN LEVEL OF CARE 

10 NCAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rules 
10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as apphed m Linda Allred, 
Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re- 
spondent (90 DHR 0940). 

10 NCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
10 NCAC 42 W .0005 - REPORTING CASES OF RAPE AND INCEST 

The North CaroUna Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W 
.0003(c) and 10 NCAC 42W .0005 void as applied m Rankin Whittington, Daniel C. Hudgins, Dr. Takey 
Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North 
Carolina Department of Human Resources, Da\'id Flaherty, in his capacity as Secretary of the North 
CaroUna Department of Human Resources, The North Carolina Social Services Commission, and C. 
Bany McCartv, in his capacity as Chairperson of the North Carolina Social Services Commission, De- 
fendants 1 100 N.C. App. 603 (398 S.E.2d 40) (1990)). 



5:22 NORTH CAROLINA REGISTER February 15,1991 1317 



.\OR TH CAROL[i\A ADMIMSTRA THE CODE CLASSIFICA TION SYSTEM 



The Sorlh Carolina Administrative Code ^SCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the XCA C is the title. 
Each major department in the Xorth Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by- 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THE NORTH CAROLESA ADMIMSTRATn E CODE 



ITLE 


DEPARTMENT 


LICENSING BOARDS 


CHAPTER 


1 


Administration 


.Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic .Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


18 


9 


Governor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


I learing .Aid Dealers and Fitters 


22 


12 


Justice 


Landscape .Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment. Health, and Natural 


Medical Examiners 


32 




Resources 


Midwilen,- Jomt Committee 


33 


16 


Public Education 


Mortuar>- Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretary of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometp,' 


42 


22 


Administrati\e Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


48 


26 


Administrati\'e Hearings 


Plumbing and Heating Contractors 


50 






Podiatp,' Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Sur\'eyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Patholo^sts and 


64 






.Audiologists 








\'eterinan- Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



13 IS 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1990 - March 1991) 



1990 - 1991 



Pages 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

\P - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary' Rule 



ADMIMSIRATION 

Aux.iLiar>' Ser\'ices, 860 PR 

State Property and Construction, 41! PR 

ADMINISTRAXrV E HEARINGS 

Rules Division, 792 PR 



AGRICULTURE 

Markets, 737 PR 



Issue 



1 - 151 1 - April 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4 - May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - July 

604 - 635 9 - August 

636 - 723 10 - August 

724 - 791 11 - September 

792 - 859 12 - September 

860 - 895 13 - October 

896 - 956 14 - October 

957 - 1009 15 - November 

1010 - 1059 16 - November 

1060 - 1106 17 - December 

1107 - 1176 18 - December 

1177 - 1214 19 - January 

1215 - 1244 20 - January 

1245 - 1302 21 - February 

1303 - 1322 22 - February 



5:22 NORTH CAROLINA REGISTER February 15, 1991 



1319 



CUMULA TIVE INDEX 



Plant Conservation Board, 1 PR, 1303 PR 
Plant Industr>', 739 PR, 1248 PR 
State Pair, 737 PR, 1248 PR 
Structural Pest Control Committee, 7 PR 

CO.MMLAITY COLLEGES 

Community Colleges, Department of, 1031 PR 

CORRECTION 

Division of Pnsons, 762 FR, 867 FR, 938 PR, 1035 FR, 1274 FR 

CRIME CONTROL AND PI BLIC SAFETY 

State Highway Patrol, 53 PR, 804 PR 
Butncr Public Safety Division, 419 PR 

ECONOMIC AND COMMLAITY DEVELOPMENT 

Banking Commission, 16 PR, 1062 PR, 1108 PR 
Communitv Assistance, 25 PR, 317 PR, 1110 PR 
Credit Union, 317 PR, 860 PR, 1251 PR 
Fnerg\' Division, 1013 PR 

Hazardous Waste Management, 742 PR, 1 109 PR 
Milk Commission, 24 PR, 741 PR 

ENMRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR, 979 PR, 1271 PR 

Envu-onmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR, 

1121 PR, 1185 PR 
Health Services, 190 PR, 565 PR, 816 PR, 860 PR, 1123 PR, 1188 PR 
Land Resources, 744 PR 
Marine Fishenes, 63 PR, 484 PR, 805 PR 
State Registrar, 1221 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 
Water Treatment FaciJitv Operators Board of Certification, 621 PR, 983 PR, 1272 PR 
Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438PR, 563 PR, 748 PR, 815 PR, 

924 PR, 1020 PR, 1074 PR, 1186 PR, 1220 PR, 1305 PR 

FINAL DECISION LEITERS 

Voting Rights Act, 241, 286, 316, 605, 638, 792, 957, 1011, 1061, 1107, 1246 

FINAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR,842 FR, 944 FR, 1047 FR, 
1166 FR, 1230 FR, 1308 FR 

GOVERNOR/LT. GOVERNOR 

Fxecutive Orders, 236, 313, 408, 474, 514, 604, 636, 724, 896, 1010, 1060, 1245 

HUMAN RESOURCES 

Aeine, Division of 704 PR 

Drug^Commission, 870 FR, 939 FR 

Facilitv Ser\iccs, 516 PR, 702 PR, 958 PR, 1116 PR, 1216 PR, 1251 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance, 191 PR, 911 PR, 1018 PR 

Mental Health, Developmental Disabilities and Substance Abuse Ser%'ices, 29 PR, 318 PR, 475 PR, 898 PR, 

1219 PR 
Services for the Blmd, 412 PR 

Services for the Deal' and the Hard of Hearing, 1065 PR 
Social Services, 247 PR, 607 PR, 976 PR, 1262 PR 
Water Treatment Facility Operators Board of Certification, 27 PR 
Youth Services, 261 PR, 1268 PR 



mo 5:22 ISORTH CAROLINA REGISTER February' 15, 1991 



CUMULA TIVE INDEX 



INSURANCE 

Actuarial Services Division, 480 PR 

Admission Requirements, 1220 PR 

Agent Sendees Division, 321 PR, 520 PR 

Engineering and Building Codes, 793 PR 

Financial Evaluation Division, 342 PR, 525 PR 

Eire and Casualty Division, 335 PR, 478 PR, 796 PR 

Eife: Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR 

Medical Database Commission, 1120 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 

CriminaJ Justice Education and Training Standards Commission, 704 PR, 1178 PR 

Sheriffs' Standards Division, 608 PR 

LABOR 

Migrant Housing, 1303 PR 

LICENSING BOARDS 

/Vrchitecture, Board of 1 162 PR 

Auctioneers Commission, 1093 PR 

Certified Public Accountant Examiners, 983 PR 

Cosmetic Art Examiners, Board of 355 PR, 708 PR, 927 PR 

Dental Examiners, Board of 1 196 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Landscape Architects, Board of 1273 PR 

\Tedical Examiners, Board of 207 PR, 838 PR, 862 PR, 1222 PR 

Midwifer>' Joint Committee, 994 PR 

Mortuary Science, Board of 749 PR 

Nursing,' Board of 300 PR, 496 PR, 994 PR, 1096 PR, 1199 PR 

Nursing Home Administrators, Board of 750 PR, 1203 PR 

Pharmacy, Board of 1031 PR 

Physical Therapy Examiners, Board of 443 PR 

Plumbing and Heating Contractors, Examiners, 621 PR, 1204 PR 

Practicing Psychologists, Board of 755 PR 

Real Estate Comimssion, 625 PR, 863 PR 

NOTICE 

OAH, Change of Address, 1215 

NOTICE OE PEIITION 

Municipal Incorporation, 1177 

PUBLIC EDUCATION 

Elementary and Secondary, 141 PR, 275 PR, 351 PR, 1028 PR, 1160 PR 

REVENIE 

lndividu.d Income Tax, 359 FR, 1036 FR, 1277 FR 
Intangibles Tax Division, 1226 FR 
License and Excise Tax Division, 445 FR 
Sales and Use Tax, 213 FR, 453 FR, 872 FR 

SECRETARY OF STATE 

Corporations Division, 489 PR 

Securities Division, 293 PR, 495 PR, 927 PR, 1029 PR 

STATE PERSONN,EL 

State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR, 1206 PR 



5:22 NORTH CAROLINA REGISTER February 15, 1991 1321 



CVMULA TIVE INDEX 



STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR, 1195 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 



STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTATION 

Highways, Division of, 765 FR, 883 FR, 1038 FR, 

Motor Vehicles, Division of, 222 FR, 773 FR, 943 FR, 1290 FR 



1322 5:22 NORTH CAROLINA REGISTER February 15, 1991 



NORTH CAROLINA ADMINISTRATIVE CODE 

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